EAT Practice and Procedure : Striking-Out or Dismissal – Costs – Procedural error. At a PHR the Employment Tribunal dismissed a case and made an award of costs against the Claimant. Prior to the hearing the Claimant had written to the ET stating the he would not attend the PHR but would provide written submissions, which he did. He also asked that the PHR be heard by a three person Tribunal. An Employment Judge decided to grant that request and the Claimant was so advised, by letter. Due to an administrative error the hearing was listed for a Tribunal comprising only a legally qualified Employment Judge.
The first Judge listed recused herself and a second Judge took the case, who by coincidence was the Judge who had granted the request. No one reminded him of the request and he had no memory of it. The Claimant argued that it was a fundamental error to have the case decided by a Tribunal other than one comprising three persons. Further he argued that the reasons were insufficient to explain the decisions made. The Respondent argued that if an error was made it was not fundamental and in any event that the case was so clear that no Tribunal no matter how constituted could come to a different decision; and that the reasons were concise clear.
Held: in the circumstances the error was fundamental. Further the reasons were not sufficiently clear to show why the case was dismissed, nor were the order for costs in the particular sums made clear. The appeal is allowed and remitted to a freshly constituted Tribunal comprising three members.
Lady Stacey
[2014] UKEAT 0114 – 13 – 0304
Bailii
England and Wales
Employment
Updated: 04 December 2021; Ref: scu.526526